Legal and Ethical

Question 1

What is responsibility?

Answer 1

State of obligation for something within ones power or control

Question 2

What is accountability?

Answer 2

State in which one is subject to the obligation to report, explain, or justify something or some action

Question 3

What is the nurse’s legal responsibility?

Answer 3

Nurses have an obligation to practice and direct the practice of others under the nurse’s supervision so that harm or injury to the client is prevented and the standards of care are maintained

Question 4

Where can standards of care be found?

Answer 4

Nursing books
National/State associations
Nursing journals (evidence-based practice)

Question 5

What is the main purpose of Standards of Care?

Answer 5

To define professional accountability to the public

Question 6

Standards of Care are developed by whom?

Answer 6

Professional organizations and institution policies

Question 7

Standards of Care establishes?

Answer 7

General and specific guidelines for practice

Question 8

Main purpose of the Nurse Practice Act?

Answer 8

Guarantee minimum standards for licensure and defines the legal scope of nursing practice
Gives authority to oversee other personnel

Question 9

What does the BON (Board of Nursing) enforce?

Answer 9

The Nurse Practice Act

Question 10

The nurse should never delegate what?

Answer 10

The nursing process
Assessment
Diagnosis 
Planning 
Implementation
Evaluation

Question 11

What are the accountability concepts?

Answer 11

Competence 
Professional development 
Patient teaching/learning
EBP (evidence based practice)
Ethics
Law (nurse practice act, regulations, standards of care)

Question 12

SBON has the power to what?

Answer 12

Examine and license
Regulate and define nursing practice
Approve nursing programs
Investigate and discipline nurses

Question 13

Why were the Patient Bill of Rights created?

Answer 13

Make the patient feel more confident in the US health care system
Stress the importance of a strong relationship between patients and their health care providers
Stress the key role patients play in staying healthy by laying out rights and responsibilities for all patients and health care providers

Question 14

What are key areas addressed in the Bill of Rights?

Answer 14

Information for patients
Choice of providers
Access to emergency services 
Taking part in treatment decisions
Respect and non-discrimination 
Privacy 
Complaints and appeals

Question 15

What does an informed consent include?

Answer 15

Diagnosis 
Various treatments available 
Intended benefits of Tx
Risks of Tx
What the patient may feel or experience

Question 16

For an Informed Consent to be valid (5)

Answer 16

• Must be signed by patient or legal guardian
• Mentally competent person (No pre-op meds)
• Must be given voluntarily
• Person giving consent must understand the risks of the procedure
• Must not be under the influence of narcotics

Question 17

What is the Self-Determination Act (main purpose)?

Answer 17

To permit patients to delineate health care choices in case they are later unable to do so themselves

Question 18

How does a patient use the self-determination act?

Answer 18

Through advanced directives

Question 19

What is a living will?

Answer 19

Written statement of patient wishes regarding the use of medical treatment when the patient is in a terminal state

Question 20

What is a health care advocate/surrogate?

Answer 20

An assigned person who will state the patients wishes concerning medical care if he/she is determined incompetent or permanently unconscious

Question 21

What are the 3 courts of law in nursing?

Answer 21

Civil
Criminal
Administrative

Question 22

What is a tort?

Answer 22

Civil wrong or injury resulting from a breach in legal duty

Question 23

Three types of torts?

Answer 23

Intentional
Unintentional
Legal duty

Question 24

Types of Intentional Torts:

Answer 24

Assault and battery 
Defamation of character
Invasion of privacy 
False imprisonment 
Fraud

Question 25

Assault is?

Answer 25

"Threat or attempt" to make bodily contact with another person without their consent

Question 26

Battery is?

Answer 26

Any willful, angry, violent or negligent touching of another person's body or anything attached to that person

Question 27

What is slander?

Answer 27

Saying/speaking | Making of derogatory remarks about another thereby diminishing the other party's character

Question 28

What is libel?

Answer 28

Written derogatory remarks about another party

Question 29

What is false imprisonment ?

Answer 29

Unjustified retention of prevention of the movement of another person without proper consent

Question 30

What is fraud?

Answer 30

Willful and purposeful misrepresentation that could cause harm or has caused loss or harm to a person or property

Question 31

What is an unintentional tort?

Answer 31

Negligence

Question 32

What is a specialized kind of negligence?

Answer 32

Malpractice

Question 33

What are some legal limits for student nurses?

Answer 33

- Perform as a professional nurse would to the point in their experience - Liable for own actions - Supervision required for new procedures - Liability shared by student, instructor, and SON

Question 34

What is gross negligence?

Answer 34

Extreme lack of knowledge/decision making that put someone at harm Sent to criminal court

Question 35

What are some reasons negligence may result in malpractice lawsuits?

Answer 35

Failure to follow the standards of care** Med error Failure to assess and continue monitoring Failure to document Failure to use equipment in a responsible manner Improper treatment and management of care** Failure to communicate Failure to act as a patient advocate

Question 36

What are the code of ethics established by ANA?

Answer 36

``` Respect for persons and their autonomy Beneficence Value neutrality Non-maleficence Veracity Justice Fidelity ```

Question 37

What are some legal safeguards to protect yourself and your patients?

Answer 37

``` Up to date on knowledge Staying in legal boundaries Following agency's policies and procedures Using EBP Good rapport with health care team Sensitive to client issues Avoid back to back shifts Malpractice insurance** Good samaritan act* ```

Question 38

What does the Good Samaritan Act provide?

Answer 38

A Defense | Not a prevention from being sued

Question 39

When should you not execute a physician order?

Answer 39

When you anticipate injury being carried out to the patient

Question 40

When should you question a physician order?

Answer 40

Ambiguous Contradicts normal practice Contradicted by client's present condition Patient questions the order

Question 41

What are ethics?

Answer 41

Systemic inquiry into the principles of right and wrong conduct of virtue and of good and evil

Question 42

What are morals?

Answer 42

Personal standards of right and wrong

Question 43

What are values?

Answer 43

Personal belief about worth that guides one's behavior

Question 44

What is attitude?

Answer 44

A feeling or emotion toward people objects or ideas

Question 45

What is belief?

Answer 45

Intellectual attitude based primarily on faith as opposed to fact

Question 46

What is the primary goal of the nurse?

Answer 46

Patient advocate

Question 47

What does advocacy concepts include?

Answer 47

``` Professional behaviors Culture and diversity Ethics Law Health care systems ```

Question 48

Who is involved in an ethics committee?

Answer 48

Physician 1-2 RN Respiratory Therapist Pharmacist

Question 49

What happens if the ethics committee can't come to a conclusion?

Answer 49

An emergency injunction | 24hrs to hear from a judge

Question 50

What is the ethical decision making process?

Answer 50

``` Identify problem Gather data Collaborate with health care team Discuss options Make decision Re-assess ```